Document

A detective who crashed his San Diego Police Department vehicle into a utility box in December was given an alcohol screening immediately after the wreck, and city prosecutors are asking a judge to order release of the results.

According to prosecutors, a number of police officers arrived at the scene shortly after the 12:56 a.m. accident on Dec. 7, and the screening was given at that time.

The results of that test have not been released to city prosecutors, who are reviewing Detective Jeffrey Blackford’s crash and have charged him with driving under the influence of alcohol.

Instead, prosecutors are relying on a breath test administered at 3:59 a.m., after a DUI investigation was “finally” launched, according to a motion seeking release of the earlier test results. Blackford’s blood-alcohol level for the later test was .09, just over the legal limit of .08, the motion says.

In their motion seeking the earlier test results, prosecutors state, “This information is significant affirmative evidence of defendant’s guilt in the case. Because the evidence was collected closer in time to the charged violation, it is highly probative of defendant’s guilt.”

The department says the contents of its internal investigation cannot be made available to the City Attorney’s Office.

“There is an ongoing Internal Affairs investigation that is also part of the process that is a personnel matter within the purview of the Chief of Police,” spokeswoman Lt. Andra Brown said. “Police personnel files are protected and confidential by state statute and there is a required court process to access and use those files in any criminal or civil proceeding.”

A hearing is scheduled Friday in San Diego Superior Court regarding the prosecutors’ motion, which also seeks reports and recordings of statements by Blackford, another detective and three sergeants for the internal investigation.

Blackford, an 11-year veteran assigned to the gang unit, was charged in late January, more than six weeks after the crash in Allied Gardens. He was placed on administrative duty.

According to the motion, the police department has said no results from the preliminary alcohol screening were saved.

“The SDPD has stated that the PAS device used does not store the results in memory,” the document says. “The City Attorney’s Office through contact with the SDPD has not been able to confirm the exact results of the PAS test.”

G. Cole Casey, a prominent San Diego drunk-driving defense attorney, said San Diego police typically use the Alco Sensor IV, a hand-held breath instrument that detects a driver’s alcohol level. The sensors are commonly referred to as a Preliminary Alcohol Screening or “PAS” device.

“I have been doing drunken driving cases for almost 20 years and have never read a police report where an officer states he administered a PAS test and doesn’t know the result,” Casey said. “That’s the whole purpose of giving a PAS test. It is always documented.”

The legal motion filed by the City Attorney’s Office also raises questions about the department’s early handling of the accident.